Los Angeles Medical Malpractice Attorneys
California courts are the most hostile litigation environment for persons who have been injured by doctors and other medical providers. It takes specialized knowledge, extreme hard work and legal creativity to achieve an acceptable result.
California places a $250,000.00 limit on non-economic (or general) damages for los angeles medical malpractice cases. Cal. Civ. Code § 3333.2. Non-economic damages are defined as pain, suffering, inconvenience, physical impairment, disfigurement, and other non-pecuniary injuries. The limit applies whether the case is for injury or death, and it allows only one $250,000 recovery in a wrongful death case. Yates v. Pollock, 194 Cal. App. 3d 195, 239 Cal. Rptr. 383 (1987).
There are ways to achieve results well in excess of the $250,000.00 limit. For instance, there is some authority for allowing separate caps for the patient and a spouse claiming loss of consortium. Atkins v. Strayhorn, 223 Cal. App. 3d 1380, 273 Cal. Rptr. 231 (1990).
Also, economic damages are not limited. A very careful analysis and presentation of a case for economic damages can archive a result which greatly exceeds the $250,000.00 limit for pain and suffering.
Examples of economic damages which must be fully maximized include future need for medical care and services and future loss of employment do to physical inability. This sometimes applies even if the patient wasn’t working at the time of the medical malpractice.
For information about how our team of los angeles medical malpractice attorneys can assist and help you maximize the recovery in your case please call and speak to one of our staff.